ML20207N890
| ML20207N890 | |
| Person / Time | |
|---|---|
| Site: | Hatch, Vogtle, 05000000 |
| Issue date: | 10/07/1988 |
| From: | Varga S Office of Nuclear Reactor Regulation |
| To: | GEORGIA POWER CO. |
| Shared Package | |
| ML20207N889 | List: |
| References | |
| NUDOCS 8810190442 | |
| Download: ML20207N890 (4) | |
Text
7590-01 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the matter of
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Georgia Power Company Docket No. 50-424 Oglethorpe Power Corporation Municipal Electric Authority of Georgia City of Dalton, Georgia Vogtle Electric Generating
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Plant, Unit 1
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EXEMPTION I.
Georgia Power Company, Oglethorpe Power Corporation, Municipal Electric Authority of Georgia, cnd City of Dalton, Georgia (the licensee) is the holder of Facility Operating License No. NPF-68, which authorizes operation of the Vogtle Electric Generating Plant, Unit 1.
The license provides, among other things, that it is subject to all rules, regulations, and orders of the Connission now or hereaf ter in effect.
The facility consists of a pressurized water reactor at the licensee's site located in Burke County, Georgia.
II.
On August 5, 1987, the NRC published in the FEDERAL REGISTER a final rule amending 10 CFR 50.54(w).
The rule increased the amount of on-site property damage insurance required to be carried by NRC's power reactor licensees.
The rule also required these licensees to obtain by October 4, 1988 insurance policies that prioritized insurance proceeds for stabilization and decontamination after an accident and provided for payment of proceeds to an independent trustee who wuuld disburse funds for decontdmination and cleanup before any other purpose.
Subsequent to publication of the rule, the NRC has been informed by insurers who offer nuclear property insurance that, despite a good faith effort to obtain 8810190442 881007 ADOCK0500gjl PDR 1
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trustees required by the rule, the decontamination priority and trusteeship provMon. ;;'11 not be able to be incorporated into policies by the tiene requirei.
in the rule.
I', response to these comments and related petitions for rulemaking, the Commission has proposed a revisiun of 10 CFR 50.54(w)(5)(i) extending the impicmentation schedule for 18 months (53 FR 36338, September 19,1988).
However, since this rulemaking action was not completed by October 4,1088, the Comission is issuing a temporary exernption from the requirements of 10 CFR 50.54(w)(5)(i) until completion of the pending rulemaking extending the implementationdatespecifiedin10CFR50.54(w)(5)(1),butnotlaterthan April 1, 1989. Upon completion of such rulemaking, the licensee shall comply with the provisions of such rule.
III.
Pursuant to 10 CFR 50.12. "The Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of the regulations of [10 CFR Part 50], which are... Authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security." Further,Section50.12(a)(2) provides intar slia, "The Cornmission will not consicer granting an exemption 4
unless special circumstances are present.
Special circumstances are present whenever... (v) The exemption would provide only temporary relief from the applicable regulation and the licensee has made good faith efforts to comply with the regulation."
i Despite a good faith effort to comply with the provisions of the rule, insurers providing property damage insurance for nuclear power facilities and licensees insured by such insurers have not been able to comply with the regulation and the exemption provides only temporary relief from the applicable regulation.
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i As noted by the Commission in the Snpplementary information accompanying the proposed rule, there ara several reasons for concluding that delaying for a reasonable tire the implementation of the stabilization and decontamination priority and trusteeship provisions of Section 50.54(w) will not adversely affect protection of public health and safety.
First, curing the period of delay, the licensee will still be required to carry $1.06 billion insurance.
This is a substantial amouat of coverage that provides a significant financial cushion to licensees to decontaminate and clean up after en accident even without the prioritization and trusteeship provisions.
Secer.., nearly 75% of the required coverage is already prioritized unoer the decontamination liability and excess property insurance language of the Nuclear Electric Insurance Limited-II policies.
Finally, there is only an extremely small probability of a serious accident occurring during the exemption period. Even if a serious accident giving rise to substantial insurance claims were to occur, NRC would be able to take appropriate enforcement action to assure adequate cleanup to protect public health and safety and the environment.
IV.
Accordingly, the Commission he.s determined, pursuant to 10 CFR 50.12(a),
that (1) a temporary exemption as described in Section III, is authorized by I
law, will not present an undue risk to the public health and safety, and is consistent with the cormon defense and security and (2) in this case, special circumstances are present as described in Section III.
Therefore, the Commission hereby grants the following exenption:
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Georgia Power Company, Oglethorpe Power Corporation, Municipal Electric Authority of Georgia,(w)d City of Dalton, Georgia. ire exempt from the require-an ments of 10 CFR 50.54 (5)(1) until the completien of the pending rulemaking extending the implementation date specified in 10 CFR 50.54(w) 4 (5)(1), but not later than April 1, 1989.
Upon completion of such rulemaking i
the licensee shell comply with the provisions of such rule.
Pursuant to 10 CFR 51.32, the Conmiission has determined that the granting j
of this exemption will not result in ariy significant environmental impact
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( 53 FR39549).
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This exempti:n is effective upon issuance.
Dated at Rockville, Maryland this 7th day of
- October, 1988.
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i FOR THE NUCLEAR REGULATORY COMMISSION I
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Steven A. Yarga, Director Division of Reactor Projects -I/II Office of Nuclear Reactor Regulation r
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